Moving to a new home can be a major decision for a parent, especially when the move may affect a child’s relationship with the other parent. A new job, family support, housing needs or other life changes may make relocation necessary or appealing. At the same time, a move can disrupt an existing parenting schedule and create new challenges for both parents.
No, relocation does not automatically require a custody modification in Indiana. However, Indiana law requires a parent who plans to relocate in certain circumstances to provide notice, and the move may lead to changes in custody, parenting time or child support.
What happens when a parent plans to relocate?
An Indiana parent who intends to relocate generally must provide notice to the other parent at least 30 days before the planned move and file the required notice with the court. The notice should provide key details about the relocation, including the new address, the reason for the move and a proposed parenting time schedule.
The other parent can choose to accept the move, request changes to custody or parenting time or object to the relocation and ask the court to prevent the child from moving.
If the nonrelocating parent challenges the move, the court can hold a hearing and decide whether the relocation should proceed and whether the existing custody or parenting time order should change. The relocating parent must first show that the move serves a legitimate reason and occurs in good faith. If that parent meets that burden, the other parent must show that the move would not serve the child’s best interests.
What factors can affect the court’s decision?
When relocation raises custody or parenting time concerns, the court may consider factors such as:
- The distance of the proposed move
- The cost and difficulty of maintaining parenting time
- Whether the parents can preserve the child’s relationship with both parents
- Each parent’s reasons for supporting or opposing the move
- Whether either parent has tried to encourage or interfere with the other parent’s relationship with the child
These factors show why a relocation does not automatically mean one parent will gain or lose custody. The court focuses on the circumstances of the move and the child’s best interests.
Understand the options before relocating
A planned move can affect how parents share time, responsibilities and decision-making. Parents considering relocation should understand the notice requirements and potential custody implications before making arrangements.
An Indiana family law attorney can review the existing custody order, explain the applicable relocation requirements and help a parent understand the available options.